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Family Proceedings Act 1980

Separation

24: Discharge of separation order on resumption of cohabitation

You could also call this:

"When you start living together again, a separation order can be stopped."

Illustration for Family Proceedings Act 1980

If you are in a situation where a separation order has been made, it will stop being in force if you and your spouse or civil union partner start living together again with both of your agreements. This can happen if you resume living together as a married couple or as civil union partners. You can also apply to the Family Court to have the separation order discharged. If you want to have the separation order discharged, you can apply to the Family Court and they will discharge it if they are satisfied that you and your spouse or civil union partner have started living together again. The court will look at the situation and make a decision based on the information provided. You can apply to the Family Court under section 25 or if the order has ceased to have effect as stated in section 40.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM40250.

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Family and relationships > Marriage and partnershipsFamily and relationships > Children and parentingCrime and justice > Courts and legal help
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23: Effect of separation order, or

"What happens when you get a separation order"

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25: Discharge of separation order by court, or

"Asking the court to cancel a separation order if your situation has changed"

Part 3Separation

24Discharge of separation order on resumption of cohabitation

  1. Subject to section 40, a separation order shall cease to have any force or effect if—

  2. the married couple, or the civil union partners, with the free consent of both parties, have resumed cohabitation as a married couple or as civil union partners; or
    1. the order is discharged by the court under section 25.

      1. Without limiting the provisions of paragraph (a) of subsection (1), either spouse, or either civil union partner, may apply to the Family Court for the discharge of the separation order on the ground that it has ceased to have effect under that paragraph, and, on proof that the order has ceased to have effect as aforesaid, the court shall discharge the order.

      Notes
      • Section 24(1)(a): amended, on , by section 9 of the Marriage (Definition of Marriage) Amendment Act 2013 (2013 No 20).
      • Section 24(1)(a): amended, on , by section 44(2) of the Civil Union Act 2004 (2004 No 102).
      • Section 24(2): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
      • Section 24(2): amended, on , by section 9 of the Marriage (Definition of Marriage) Amendment Act 2013 (2013 No 20).
      • Section 24(2): amended, on , by section 44(2) of the Civil Union Act 2004 (2004 No 102).